FAQ: What are some Ways an Immigration Lawyer Can Help You in Orange County, California
Things I should know about Immigration law in Orange County: Immigration law in the United States is complex and it is almost constantly changing. It is a broad area of law, covering things like residency in the United States, obtaining visas, green cards, and more.
If you have to deal with an immigration related case in California, it is advised that you speak to an attorney about your legal issue. However, doing a little research online beforehand can help too!
Lawyers in California can help both illegal immigrants and those who wish to enter the country legally to understand their rights and the requirements of immigrating to the United States.
An Immigration Lawyer Can Help Foreign Nationals Obtain Work Visas in the United States
Immigrants come to the United States from all over the world to work, but in order to do so, they must obtain a work visa. Work visas allow a person who is not a citizen of the United States to live and work in the country.
Some of the most common kinds of visas are listed below.
With an H1-B visa, a company based in the United States can hire a foreign employee. Employees and job openings must meet certain requirements to qualify for an H1-B visa. The job must meet the following requirements:
• A minimum education requirement must be at least a bachelor’s degree,
• The job must require a highly specialized degree,
• The degree requirement must be the same as what the employer usually requires for the position,
• The duties performed by the employee need to be specialized and complex to the point that the duties cannot be performed without the degree.
The employee must meet at least one the following requirements:
• Hold a minimum education of a U.S. bachelor’s degree from an accredited college or university in the specific area required by the job,
• Has a foreign degree that is the equivalent of a U.S. bachelor’s degree in the specific area required by the job,
• Has a license or certification that allows the employee to practice the profession,
• Has education, experience, or other training that bypasses the need for a degree.
O-1 Visas are for those who have demonstrated extraordinary talents and abilities in either science, art, education, business, or athletics, including performers. These people have been recognized internationally for his or her achievements, and have qualified for an O-1 Visa.
This employment-based visa allows those who are experts in the arts, sciences, education, business, or athletics to petition the court to immigrate to the United States. The EB-1 status is first preference.
Following the EB-1 visa, the EB-2 allows those who have advanced degrees or notable abilities in the arts, sciences, education, business, or athletics with a job offer and a labor certification to apply for immigration status.
An L-1 visa allows U.S. companies to temporarily transfer existing employees who live and work in other countries to the United States for up to seven years. Only employees who have worked at the company for at least one year, including affiliates or foreign branches, will be eligible for transfer to the United States.
National Interest Waivers
Usually, in order to obtain a visa to live and work in the United States and to change one’s immigration status, the person is required to have a permanent job offer, and an approved labor certification. With a National Interest Waiver, the labor certification requirement may be waived for the national interest of the country.
A lawyer can also help foreign students who wish to attend school in the United States to obtain a visa for school. These visas are usually temporary, but not uncommon.
An Immigration Attorney Can Help With Education and California’s DREAM Act
In addition to obtaining a visa to study in the United States, students need to be able to pay for school. Illegal immigrants in the United States have certain rights and protections under the law that can help with these.
California recently passed the DREAM Act. Under the DREAM Act, undocumented immigrants in California who are either currently enrolled or who will start school at a public university will pay the same in-state tuition rate to attend public universities that legal residents pay. Undocumented immigrants who qualify for this will also be able to apply for financial aid and benefits. If illegal immigrants do not have documentation, they must be allowed to prove identity another way.
An Immigration Lawyer Can Help Immigrants Through Family Immigration
Immigrating to the United States as a family can be tricky, especially if some family members have an easier time applying or are approved for immigration and others are not. A lawyer can help each family member find the right path to immigration, and help families understand how being a family can allow people to immigrate together.
Applying for a green card is a lengthy process. Things like marriages, engagements, employment, children, illegal immigration, and more can affect a family’s ability to immigrate. There are certain requirements for a family member to obtain a green card through another family member, so always discuss your options with an attorney before making any decisions.
Illegal immigrants or those who overstay their visa allowances can also face difficulties if they wish to remain in the United States.
Immigration Attorneys Can Help Protect the Rights of Immigrants in the United States
Both legal and illegal immigrants have rights in the United States.
In California, neither state nor local law enforcement officers are required to check a person’s immigration status during things like routine traffic stops. However, this does not mean that they don’t get involved at all. If your paperwork is not in order, you may face deportation. However, you do have the right to speak to an attorney!
In California, a person cannot obtain a legal ID card or a driver’s license without proof of legal presence in the United States and verification of a birth date. This can pose a problem for illegal immigrants, but there are some ways around it. The DREAM act, for example, allows students and potential students at public universities to use alternative forms of identification. Voting booths require identification as well. Your lawyer can help you gather the appropriate documentation and identification for voting.
Federal law in the United States prohibits illegal immigrants from qualifying to receive public benefits other than emergency services that are necessary to protect life and safety. If you have questions about changing your immigration status or what services are available to you and how to get them, ask a skilled immigration lawyer as soon as possible.
Immigration Lawyers can Help with Juvenile Immigration Issues
Sometimes, children enter the United States as minors because of parents or other family members, or they are born in the United States to parents who immigrated illegally. Some children come to the United States because they were abused, abandoned, or neglected. Under California law, these children have rights and can be protected in the United States.
These children who qualify may be granted Special Immigrant Juvenile Status, or SIJS, which allows the children to apply for permanent residency in the United States legally. However, if a person is not aware of these options, he or she may miss the chance. Any immigrant should always talk to a lawyer so that all of the options can be explained.
Depending on each person’s unique situation, this may or may not be a good option now or in the future. Applying for a green card after obtaining Special Immigrant Juvenile Status means that a person will not be allowed to petition for a green card for his or her parents. Petitioning for green cards for siblings can only be done if the person becomes a United States Citizen.
To qualify, a child must meet the following requirements.
• The person applying must be under 21 years old on the date that the petition is filed with the court. Immigration attorneys are a great resource for filing all of the right paperwork by the right deadlines.
• The person must not be married at the time the petition is filed or at the time that the decision is made.
• The person must file the petition while he or she is in the United States.
For more on "things I should know about Immigration law in Orange County" Contact our Orange County Immigration Lawyers
Your immigration lawyer can help you understand everything about immigration from the basics to the complex. Whether you are trying to remain in the United States, you want to protect your children, you want to know if you are eligible for a visa or a change in immigration status, or you have other questions about immigration law or the legal process, a lawyer is your best resource.
At Yanez & Associates, our experienced immigration lawyers are here to help. We offer free initial consultations so that you can get to know us and have a chance to ask some questions before we get started. Contact us today to schedule yours.
Table of Contents
- 1 FAQ: What are some Ways an Immigration Lawyer Can Help You in Orange County, California
- 2 An Immigration Lawyer Can Help Foreign Nationals Obtain Work Visas in the United States
- 3 An Immigration Attorney Can Help With Education and California’s DREAM Act
- 4 An Immigration Lawyer Can Help Immigrants Through Family Immigration
- 5 Immigration Attorneys Can Help Protect the Rights of Immigrants in the United States
- 6 Immigration Lawyers can Help with Juvenile Immigration Issues
- 7 For more on "things I should know about Immigration law in Orange County" Contact our Orange County Immigration Lawyers